Abstract
This chapter reports the findings of an empirical study into legislative oversight in Myanmar, with particular emphasis on the Hluttaw’s oversight of the anti-corruption framework. The study evaluated the impact of contextual factors, external oversight institutions and internal oversight tools using data collected from interviews with key national stakeholders. Our research highlights the difficulty of entrenching a system of oversight in a controlled political culture that restricts the application of formal internal and external oversight tools and is reluctant to engage in the specific issue of corruption. The chapter concludes by identifying recommendations for action with the objective of strengthening oversight and anti-corruption measures in Myanmar.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Notes
- 1.
The data was collected initially by interviewer-led questionnaires completed by 36 respondents, 12 from each of the following categories: MP, media representatives and representatives of CSOs. Attempts to interview similar numbers of parliamentary staff were unsuccessful and we were also unable to interview military representatives. A literature search on oversight and anti-corruption efforts in Myanmar was also conducted.
- 2.
The Pyithu Hluttaw, the lower house, consists of 440 Hluttaw, 330 of which are elected and 110 nominated by the Commander-in-Chief from Defence Services personnel (Article 109). The Amyotha Hluttaw, the upper-house, is comprised of 224 Hluttaw representatives, 12 elected from each Region and State (totalling 168) and 56 nominated by the Commander-in-Chief from Defence Services personnel (Article 141).
- 3.
- 4.
At the Region and State level, members of parliament can be ministers and Chief Ministers. When appointed, the ministers retain their parliamentary seats and have the full voting rights. This acts as a serious impediment for effective oversight of government actions.
- 5.
The PAC is one of four standing committees established in each of the assemblies of the Parliament of Myanmar and the two PACs also form a joint committee of the two houses (unlike Thailand and Indonesia where they serve the lower House). The joint committee is formed of equal numbers of members from PACs of the lower and upper house. It is chaired by the Deputy Speaker of the combined house.
- 6.
- 7.
- 8.
Our research allowed us to meet with a number of active CSOs including the Open Myanmar Initiative, a body which promotes the right to information and education; Spectrum, a sustainable Development Knowledge Network; the Myanmar Center for Responsible Business; and the Myanmar Alliance for Transparency and Accountability (MATA), a national network of civil society actors and individuals examining economic, political and social reform issues and to advocate for transparency and accountability of governance in Myanmar.
- 9.
After an investigation carried out by the New York Times, Kyaw Win was forced to admit publicly that his PhD certificate had been purchased from a fake university online, disqualifying him from being nominated (BBC 2016).
- 10.
The Research Services provide a confidential enquiry service and research briefings on legislation and topical political subjects.
- 11.
The Economist (2017) reports for example that ‘the old house churned out on average more than twice as many laws per session, asked substantially more questions of the government and passed almost four times as many motions to the executive’.
- 12.
The growing refugee crisis involving the Rohingya people in Myanmar’s western region of Rakhine falls outside of the scope of this chapter.
References
Amnesty International (2017), Myanmar 2016/2017, accessed at https://www.amnesty.org/en/countries/asia-and-the-pacific/myanmar/report-myanmar/
Article 19 (2016), ‘Myanmar: Journalist investigating illegal logging killed’, 14 December 2016, accessed at https://www.article19.org/resources.php/resource/38596/en/myanmar:-journalist-investigating-illegal-logging-killed
Asia Foundation (2014), Myanmar 2014 Civil Knowledge and Values in a Changing Country accessed at https://asiafoundation.org/resources/pdfs/MyanmarSurvey20141.pdf.
BBC (2015), ‘Myanmar’s 2015 landmark elections explained’, 3 December 2015, accessed at http://www.bbc.co.uk/news/world-asia-33547036
BBC (2016), ‘Myanmar finance minister nominee Kyaw Win has fake degree, 23 March 2016, accessed at http://www.bbc.co.uk/news/world-asia-35876229
BTI (2016) Myanmar Country Report Transformation Index 2016, available from https://www.bti-project.org/en/reports/country-reports/detail/itc/mmr/
Economist, The (2017). A No-Talking Shop, London: UK, 3 June 2017.
Eleven Myanmar (2016), ‘Controversy as Myanmar govt sacks Deputy Agriculture Minister’, 20 November 2016, accessed at http://www.elevenmyanmar.com/local/6708
Freedom House (2017), Myanmar Profile, Freedom of the Press 2017, accessed at https://freedomhouse.org/report/freedom-press/2017/myanmar.
Frontier Myanmar (2016), ‘Deputy Minister for Agriculture fired after cabinet dispute’, 21 November 2016, accessed at https://frontiermyanmar.net/en/deputy-minister-for-agriculture-fired-after-cabinet-dispute
Frontier Myanmar (2017), ‘NLD official gets six month sentence in latest Telco Law case’, 07 April 2017, accessed at https://frontiermyanmar.net/en/nld-official-gets-six-month-sentence-in-latest-telco-law-case
Global Witness (2015). Jade: Myanmar’s “Bid State Secret” London, Global Witness.
Hendrix, C. & Noland, M. (2015), Myanmar: Cross-Cutting Governance Challenges, East-West Center Working Papers, Innovation and Economic Growth Series
Human Rights Watch (2017), ‘Burma: Repeal Section 66(d) of the 2013 Telecommunications Law: Joint Statement by 61 Human Rights Organizations’, 29 June 2017, accessed at https://www.hrw.org/news/2017/06/29/burma-repeal-section-66d-2013-telecommunications-law
International Budget Partnership (2017) Open Budget Survey 2015: and December 2016 Update Available at https://www.internationalbudget.org/opening-budgets/open-budget-initiative/open-budget-survey/country-info/?country=mm
Lienert, I (2015). ‘Parliamentary Budgeting and Transparency in ASEAN Member States’, Working Paper based on outcome of AIPA capacity building – AIPA Secretariat, Indonesia, March 2015. Available at http://www.aipasecretariat.org/wp-content/uploads/2015/10/2015-October-Parliamentary-Budgeting-and-Transparency-Publication.pdf.
Mizzima (2016), ‘Myo Yan Naung Thaung from Bayda Institute arrested under section 66(d) of Communications Law’, 04 November 2016, accessed at http://www.mizzima.com/news-domestic/myo-yan-naung-thaung-bayda-institute-arrested-under-section-66d-communications-law
Myanmar Times (2016), ‘NLD researcher formally charged with defamation over Facebook critique’, 18 November 2016, accessed at https://www.mmtimes.com/national-news/yangon/23764-nld-researcher-formally-charged-with-defamation-over-facebook-critique.html
OECD (2014), OECD Open Government Reviews: Myanmar, Available at https://www.oecd.org/mena/governance/Open-Gov-Review-Myanmar.pdf.
Reuters (2016), ‘Myanmar reporter who covered logging industry found beaten to death’, 13 December 2016, accessed at http://www.reuters.com/article/us-myanmar-journalist/myanmar-reporter-who-covered-logging-industry-found-beaten-to-death-idUSKBN14218M
Stapenhurst, F. (2011). Legislative oversight and curbing corruption: Parliamentarianism and presidentialism revisited (unpublished thesis). Canberra, Australia: Australian National University.
The Guardian (2015), ‘Final Myanmar results show Aung San Suu Kyi’s party won 77% of seats’, 23 November 2015, accessed at https://www.theguardian.com/world/2015/nov/23/final-myanmar-results-show-aung-san-suu-kyis-party-won-77-of-seats
The Irrawaddy (2016), ‘Deputy Minister dismissal sends waves through political circles’, 21 November 2016, accessed at https://www.irrawaddy.com/news/burma/deputy-ministers-dismissal-sends-waves-political-circles.html
The Oxford Business Group (2017), New Myanmar government plans to focus on democratic and market reforms, The Report: Myanmar 2017, accessed at http://www.oxfordbusinessgroup.com/analysis/one-year-new-government%E2%80%99s-plans-focus-democratic-and-market-reforms
Transparency International (2017a), Corruptions Perceptions Index 2016, 25 January 2017, accessed at https://www.transparency.org/news/feature/corruption_perceptions_index_2016#table
Transparency International (2017b), People and Corruption: Asia Pacific, Global Corruption Barometer, February 2017, accessed at file:///C:/Users/gabrielat/Downloads/2017_GCB_AsiaPacific_EN.pdf
VOA (2016), ‘Myanmar Reporter Killed While Investigating Illegal Logging’, 13 December 2016, accessed at https://www.voanews.com/a/myanmar-journalist-killed-investigating-illegal-logging/3634091.html
What’s In Blue (2017), Consultations on Myanmar, 30 August 2017, accessed at http://www.whatsinblue.org/2017/08/consultations-on-myanmar.php
Author information
Authors and Affiliations
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 2020 Springer Nature Switzerland AG
About this chapter
Cite this chapter
Staddon, A., Thompson, G. (2020). Myanmar: Initial Improvements Facing Setbacks. In: Stapenhurst, R., Draman, R., Larson, B., Staddon, A. (eds) Anti-Corruption Evidence. Studies in Public Choice, vol 34. Springer, Cham. https://doi.org/10.1007/978-3-030-14140-0_8
Download citation
DOI: https://doi.org/10.1007/978-3-030-14140-0_8
Published:
Publisher Name: Springer, Cham
Print ISBN: 978-3-030-14139-4
Online ISBN: 978-3-030-14140-0
eBook Packages: Political Science and International StudiesPolitical Science and International Studies (R0)